Elsensohn v. Garfield County

This is an appeal from a judgment of dismissal, entered after the sustaining of a demurrer to the complaint, and the question presented here is whether or not the appellants’ complaint states a cause of action. That complaint, after the formal allegations, alleges:

“3rd: — That on the 2nd day of April, 1923, a purported petition was filed with said hoard of commissioners, pretending to petition for the vacation and closing of a certain highway-in said county described as follows:

“That part of the south Deadman road beginning at the foot of the Shelton grade in section five township 12, North…